Cats and Dogs Animal Hospital, Inc. v. Yelp! Inc.

Filing 32

DECLARATION of Elizabeth Lee Beck IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Attachments: # 1 Exhibit Exhibit A to Beck Decl., # 2 Exhibit Exhibit B to Beck Decl.)(Beck, Jared)

Download PDF
1 THE WESTON FIRM 2 JACK FITZGERALD (257370) 3 888 Turquoise Street San Diego, CA 92109 4 Telephone: (858) 488-1672 Facsimile: (480) 247-4553 5 greg@westonfirm.com 6 jack@westonfirm.com GREGORY S. WESTON (239944) 7 BECK & LEE BUSINESS TRIAL LAWYERS 8 JARED H. BECK (233743) 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No: 2:10-cv-01340-VBF-SS Pleading Type: Class Action DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT YELP! INC.'S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) Hearing Date: May 10, 2010 Hearing Time: 1:30 p.m. Judge: Hon. Valerie Baker Fairbank ELIZABETH LEE BECK (233742) 28 West Flagler Street, Suite 555 Miami, FL 33130 Telephone: (305) 789-0072 Facsimile: (786) 664-3334 jared@beckandlee.com elizabeth@beckandlee.com Attorneys for Plaintiffs and the Proposed Classes 17 CATS AND DOGS ANIMAL HOSPITAL, INC.; ASTRO APPLIANCE SERVICE; BLEEDING HEART, LLC; CALIFORNIA FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. FERRI ENTERTAINMENT, INC.; LE PETITE RETREAT DAY SPA, LLC; SAN FRANCISCO BAY BOAT CRUISES, LLC; WAG MY TAIL, INC.; and ZODIAC RESTAURANT GROUP, INC., on behalf of themselves and all others similarly situated, Plaintiffs, 26 YELP! INC., Defendant. 27 28 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER VENUE 1 2 I, Elizabeth Lee Beck, declare: 1. My name is Elizabeth Lee Beck and I am counsel for Plaintiffs in this 3 matter. I am a member in good standing of the State Bars of Florida and California, 4 and admitted to practice before this Court. I have personal knowledge of the facts 5 stated herein, and, if called on to do so, could and would testify competently 6 thereto. I make this declaration in support of Plaintiffs' Opposition to Yelp's 7 Motion to Transfer Venue. 8 2. As part of our preparation for opposing Yelp's Motion to Transfer, I 9 engaged staff members of my firm and the firm of co-counsel, The Weston Firm, 10 to count the number of businesses listed on the Yelp.com website in both the 11 Central District of California, where the case is pending, and the Northern District 12 of California, to where Yelp seeks transfer. 13 3. In addition to counting the businesses in these jurisdictions, staff 14 members also counted the businesses listed in other highly-populated jurisdictions, 15 specifically, the Northern District of Illinois (i.e., Chicago), the Southern District 16 of New York (i.e., Manhattan), and the District of Columbia (i.e., Washington, 17 D.C.). 18 4. The methodology for this counting was as follows: Staff members 19 accessed the cities that Yelp covers at http://www.yelp.com/locations/states, then 20 clicked on the relevant state. For example, all cities in California in which Yelp 21 lists businesses are listed at http://www.yelp.com/locations/states/ca. The staff 22 members then determined which cities fell within a particular federal jurisdiction 23 and, accessing the full Yelp.com directory of businesses in that city, counted the 24 total number of businesses, keeping a Microsoft Excel spreadsheet to track and 25 share results. 26 28 5. The count shows the following number of businesses listed on 27 Yelp.com in each federal judicial district: 1 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER VENUE 1 2 3 4 5 6 Central District of California - 1,137,562 Northern District of California ­ 662,346 Northern District of Illinois ­ 377,345 Southern District of New York ­ 103,452 District of Columbia ­ 10,539 6. Attached hereto as Exhibit A is a true and correct copy of the 7 Yelp.com homepage for Los Angeles (http://www.yelp.com/la), printed on April 8 19, 2010. 9 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER VENUE 7. Attached hereto as Exhibit B is a true and correct copy of the Yelp 10 Business homepage (http://biz.yelp.com), printed on April 19, 2010. I declare under penalty of perjury under the laws of the United States that 12 the foregoing is true and correct. Executed in Miami, Florida on April 19, 2010. /s/ Elizabeth Lee Beck Elizabeth Lee Beck 1 DATED: April 19, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully Submitted, /s/Gregory S. Weston Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD 888 Turquoise Street San Diego, California 92109 Telephone: 858 488 1672 Facsimile: 480 247 4553 BECK & LEE BUSINESS TRIAL LAWYERS JARED H. BECK ELIZABETH LEE BECK Courthouse Plaza Building 28 West Flagler Street, Suite 555 Miami, FL 33130 Telephone: 305 789 0072 Facsimile: 786 664 3334 Counsel for Plaintiffs and the Proposed Classes 3 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER VENUE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?